Hitting a pedestrian started a chain of events that ended with a man under arrest. The man was driving around a Tennessee mall when he hit another person, causing severe head injuries. The driver was then charged with multiple criminal offenses, including vehicular assault.
The accident occurred on a Wednesday night as a man was driving after leaving a bar. He then hit the pedestrian but said the man stepped out in front of him. The police responded and report the man smelled of alcohol, had watery eyes and was unsteady.
The man was asked to submit to a blood test and refused, but he participated in field sobriety tests. The man was charged with vehicular assault, driving on a suspended license, driving under the influence and also having an open container. He reportedly had an open bottle in the car and remains in jail on bond. Reports indicate that this is a third offense DUI for the man.
The fact that the driving under the influence charge is a third offense can lead to tougher penalties if a conviction is sought. Vehicular assault can also lead to serious criminal consequences, including possible jail time. In Tennessee, the field sobriety tests administered in cases like this can be used in court as evidence of alcohol intoxication. However, certain factors, such as who administered the test and how the test was conducted, can affect if the test results can be applicable in court. Other factors in this case, such as the finding of an open container, can also affect the outcome but may also be challenged if the search or seizure was not conducted in a legal manner.
Source: wkrn.com, "Man in ICU after being hit by van; Driver faces 4 charges, including DUI", Andy Cordan, Feb. 25, 2016